SOMAGANI SEETHA RAMULU Vs. A. RAMA KRISHNA

JUDGEMENT

(1.) Aggrieved by the Judgment and decree dated 06.12.2006 in O.P. No.1132 of 2004 passed by the Additional District & Sessions Judge, Miryalaguda (for short 'the Tribunal'), appellants - claimants filed the present appeal.

(2.) Vide the aforesaid order, the Tribunal has dismissed the claim petition filed by the appellants under Section 166 of the Motor Vehicles Act (for short 'the Act') claiming compensation for the death of the deceased Somangani Borraiah, brother of the appellants in a road accident occurred on 09.11.2012.

(3.) The appellants filed OP No.1132 of 2004 stating that they are brothers of the deceased and the deceased was an agriculturist. On 09.11.2002 while the deceased was proceeding to his agricultural lands on his cycle, at about 7.30 a.m., when he reached near the byepass road of Lingagiri village, lorry bearing No.AP 37 T 6427 driven by its driver in a rash and negligent manner, dashed to the deceased and the rear tyre of the lorry ran over the legs of the deceased. Due to the said accident, the deceased fell down and sustained serious injuries to his both legs, hands, face and head. Immediately after the accident, the deceased was shifted to the Government Hospital, Huzurnagar and later shifted to the Government Hospital, Nalgonda for better treat. But, on the way to Hospital, the deceased succumbed to the injuries. Therefore, claiming compensation of Rs.1,50,000/- for the death of the deceased, the appellants, brothers of the deceased, filed the present claim petition.